Liverpool City Zoning Code
ARTICLE XIX
Administration and Enforcement
§ 380-121 Enforcement.
The provisions of this chapter shall be enforced by the Code Enforcement Officer, who shall have the power to make inspections of buildings and premises necessary to carry out his or her duties in the enforcement of this chapter. The Code Enforcement Officer shall have all the powers and duties prescribed in Chapter 156 of the Code of the Village of Liverpool, entitled "Uniform Construction Codes," and subsequent amendments thereto.
§ 380-122 Building permits.
A.
No building or structure or part thereof shall be created, enlarged, demolished, structurally altered or remodeled, including any change, interior or exterior, in dimension, type of use or number or type of occupancy, until a building permit has been issued by the Code Enforcement Officer pursuant to Chapter 156, Uniform Construction Codes, and subsequent amendments thereto.
B.
The Code Enforcement Officer shall in no case grant any building permit for any building or structure which does not comply with the provisions of this chapter, and, where approval of the Planning Board or the Board of Appeals is required, said Officer shall grant a building permit only upon written order of such Board.
§ 380-123 Planning Board.
A.
General powers and duties.
B.
Site plan review. Pursuant to Subdivision 2(a) of § 7-725-a of the Village Law of New York State and subsequent amendments thereto, the Planning Board is hereby authorized to review and approve, approve with modifications or disapprove site plans as provided in this chapter. Before making its decision concerning a site plan, the Planning Board shall review and make findings with respect to the general findings and criteria set forth in § 380-87.
C.
Special permits. Pursuant to Subdivision 2 of § 7-725-b of the Village Law of New York State and subsequent amendments thereto, special permit uses as enumerated in this chapter shall be permitted only upon approval by the Planning Board, provided that such uses shall be found to comply with the requirements of this chapter. Before making its decision concerning a special permit use, the Planning Board shall review and make findings with respect to the general findings and specific criteria set forth in §§ 380-87 and 380-88.
D.
Conditions. In approving any request for a site plan or special permit use, the determination may be modified or conditioned to guarantee performance in any way deemed reasonable under the circumstances.
E.
Additional procedures. For all special permit applications, the applicant shall notify by certified mail all property owners within 200 feet of the subject property of the application and the public hearing to be held. Such notices shall be mailed at least five days prior to the public hearing, and the applicant shall furnish the Planning Board with post office receipts as proof of notification.
[Added 12-16-2013 by L.L. No. 2-2013]
§ 380-124 Board of Appeals.
A.
Creation, appointment and organization.
(1)
A Zoning Board of Appeals, referred to herein as the "Board of Appeals" or "Board," is hereby created and its Chairman designated. Said Board shall consist of five members appointed by the Village Board in accordance with § 7-712 of the Village Law of New York State.
(2)
Such Board of Appeals shall, consistent with the Village Law, determine its own rules and procedure, and all of its deliberations, resolutions and orders shall be in accordance therewith.
B.
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by the Village Law and by this chapter, which are more particularly specified as follows:
(1)
Interpretation: after public hearing upon appeal from a decision by an administrative official, to decide any questions involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2)
Variances: after public hearing upon appeal from a decision by an administrative official, to vary or modify the strict application of any of the requirements of this chapter in accordance with § 7-712 of the Village Law of New York State, including statute and case law applicable thereto.
(a)
No variance shall be granted except where literal application of this chapter would result in practical difficulties or unnecessary hardship and where the requested relief will observe the spirit of the regulations, secure the public safety and welfare and achieve substantial justice.
(b)
No variance shall be granted that is of substantial detriment to the public interest generally or to the property or improvements in such district in which the variance is sought or which materially impairs the purpose of this chapter.
(c)
Any relief granted shall be limited to the minimum required to effect substantial justice.
(d)
In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
C.
Procedure.
(1)
The Board of Appeals shall act in strict accordance with the procedure specified by law and by this chapter. All appeals and applications made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of this chapter involved and shall exactly set forth the interpretation that is claimed or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
(2)
Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case.
(3)
The applicant for an area or use variance shall notify by certified mail all property owners within 200 feet of the subject property at least five days prior to the public hearing and shall furnish the Zoning Board of Appeals with post office receipts as proof of notification.
(4)
Expiration of variance. A permit or approval secured by vote of the Zoning Board of Appeals under the provisions of this chapter shall expire if the work or change involved is not commenced within six months of the date on which the appeal is granted or if the work or change is not substantially complete within 12 months of the date on which such appeal is granted.
[Added 10-21-2019 by L.L. No. 8-2019]
D.
Alternate members.
(1)
The position of alternate member of the Village of Liverpool Zoning Board of Appeals is established. There shall be two such alternate members.
(2)
No person who is a member of the Board of Trustees of the Village of Liverpool shall be eligible for membership as an alternate member of the Zoning Board of Appeals. Alternate members of the Zoning Board of Appeals shall be subject to all the provisions of Chapter 380 of the Code of the Village of Liverpool, said rules and regulations which empower and regulate the eligibility of any member of the Zoning Board of Appeals.
(3)
Alternate members shall serve in the absence, unavailability or inability of a regular member of the Zoning Board of Appeals to serve. Copies of notices shall be sent to all members, including alternate members. All alternate members are required to appear for all duly noticed meetings. When a meeting of the Board of Appeals shall be duly noticed and called for discussion, if it shall become apparent that a regular member of the Zoning Board of Appeals will be unable to hear and deliberate upon an application, then an alternate member of the Zoning Board of Appeals, at the call of the Chairperson of said Board, shall be duly authorized to hear said application, to deliberate and to vote with full force and effect as if duly appointed a regular member of said Board.
(4)
All alternate members of the Zoning Board of Appeals of the Village of Liverpool shall be appointed for the same term and in the same manner as regularly appointed members of the Zoning Board of Appeals.